HomeMy WebLinkAbout20071153.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 3 AND 1.5 AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS - DENNY AND KAREN NIELSON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Right-of-Way for Certain Improvements to Weld County Roads 3 and 1.5 between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Denny and Karen Nielson, 4313 Weld County
Road 3, Erie, Colorado 80516, with terms and conditions being as stated in said agreement, and
WHEREAS, after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Right-of-Way for Certain
Improvements to Weld County Roads 3 and 1.5 between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Department
of Public Works, and Denny and Karen Nielson be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 23rd day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD LINTY, COLORADO
Ez
ATTEST: : 'r
r no f- _off ;vid E. Long, Chair
_
Weld County Clerk to the :;=rd .,
ilia .prke, P -Tem
De ty Cle to the Boar"
Wil iam F. Garcia
APP V D AS TO EXCUSED
Robert D. Masden
unty A torney o
f Douglas Ra emacher
Date of signature: 5`3/07
2007-1153
EG0056 Pa� �L / �L
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(esti;
MEMORANDUM
C. TO: Clerk to the Board DATE: 4/16/2007
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 3 and WCR
1.5 with Denny N. Nielson and Karen S.Nielson
Enclosures
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2007-1153
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AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROAD 3 & 1.5 BETWEEN DENNY N. NIELSON AND
KAREN S. NIELSON AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 1 day of Ate; I , 2007,by and between
DENNY N. NIELSON AND KAREN S. NIELSON whose address is 4313 WCR 3 Erie,
Colorado 80516, hereinafter referred to as "Owner", and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 915 10'h Street, Greeley, Colorado 80631 hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road
3 & 1.5, and
WHEREAS, Owner owns the property described in the attached Exhibit"A" and
hereinafter referred to collectively as "Right-of-Way", and
WHEREAS,County needs the Right-of-Way in order to complete said rebuilding and
improvement project, and
WHEREAS,said rebuilding and improvement project involves the construction and
realignment of said roadway, and
WHEREAS, Owner wishes to cooperate with County in said road improvement.
NOW, THEREFORE, the parties herein agree as fol!ows:
1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown
and/or described on Exhibit "A", attached hereto and hereinafter referred to
herein as the "Right-of-Way" for the sum of Five Thousand Seven Hundred
Thirty Two and no/100($5,732.00)dollars.This consideration is being offered in
lieu of condemnation.
2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free
and clear of all encumbrances,except existing easements. Owner shall retain the
mineral estate under the Right of Way,including oil and gas,and shall also retain
any water rights currently attached or associated with the Right of Way.
AIM 11111111111 IIII 111111 MI ER III IIIII II'I III'
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Page 2 of 3
3. County agrees to pay the costs of title insurance and recording fees, if necessary
as determined by County.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or
employees,hereto. This Agreement embodies all agreements between the parties
hereto and there are no promises,terms,conditions,or obligations referring to the
subject matter whereof other than as contained herein.
5. Although the date of the transfer of the Right-of-Way shall be the date of the
delivery of the documents of conveyance, it is expressly agreed by the parties
hereto that upon execution of this Agreement by County and Owner,County,its
contractors,agents,employees,and all others deemed necessary by County shall
have the irrevocable right to possess and use all of the Right-of-Way for the
purpose of said rebuilding and improvement project. Date of payment of
compensation is the date of delivery of the Deed of Dedication.
6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title
thereto against all claims.
7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the
date of delivery of the deed based on the most recent levy and the most recent
assessment. Owner represents and warrants that all general taxes levied prior to
such year have been paid in full by Owner.
8. County will reimburse the Owner the sum of Two Thousand Seven Hundred
Thirty and no/100 ($2,730.00) dollars for the value of trees and fencing being
removed due to the new road construction.The trees and fencing being removed
are described as all trees and fencing lying within the new road right-of-way.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall
extend to and be binding upon the heirs,executors,administrators,successors,and assigns of
the respective parties hereto.
IN WITNESS WHEREOF,the parties have set their hands on the day and year first
above written.
I Mill 11111 III 1111 BM I'll 1111111 III 11111 IIII III
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Page 3 of 3
OWN DENNY N. OWNER: KAREN S. NIELSON
sU Karen S. Nielson
I A%mow
ATTEST: ' %�.,: c 't , BOARD OF COUNTY
•i
Weld County Clerk to the Cjr ' ,g, (1, ,� , COMMISSIONERS OF WELD
Is a;st ` n, , \a COUNTY, STATE OF COLORADO
By: ,(1'/ i I kii d � � I � 3 e& E
Deput lerk to he Beard David E. Long, Chair
APR 2 v 2007
1 111111 11111 MEI /III 1111111111 Wit III 11111 11111111
3473768 05/04/2007 12:56P Weld County, CO
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P:\WELDCNTY\C40#I0A\Nielson\agreement Nielson 3-9-07.doc
aim 7—//5 3
EXHIBIT "A"
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP
1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, RECORDED EXEMPTION NO.
1467-O7-4-RE2199, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER OF SECTION 7, ASSUMED TO BEAR NO3'O7'O9"W A DISTANCE
OF 2729.85 FEET, FROM A 3.5" BRASS CAP FOUND AT THE SOUTHEAST CORNER OF
SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF
SAID SECTION 7;
BEGINNING AT A POINT WHICH BEARS SO2'41 '28"W A DISTANCE OF 936.73 FEET
FROM SAID EAST QUARTER CORNER OF SECTION 7;
THENCE N89'32'41 "W A DISTANCE OF 14.91 ; THENCE NOO'44'4O"E A DISTANCE OF
49.64 FEET TO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE
TO THE RIGHT, AN ARC LENGTH OF 109.43 FEET, HAVING A RADIUS OF 1055.00
FEET, THROUGH A CENTRAL ANGLE OF 05'56'34", AND A CHORD WHICH BEARS
NO2'23'41"W A DISTANCE OF 109.38 FEET; THENCE NOO'34'36"E A DISTANCE OF
162.79 FEET; THENCE S89'32'26"E A DISTANCE OF 21 .38 FEET; THENCE SOO'44'4O"W
A DISTANCE OF 321 .67 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST
CORNER OF SECTION 7 BEARS SO6'O8'18"E A DISTANCE OF 1800.43 FEET;
SAID PARCEL CONTAINS 6,242 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
,,,ree. $1/2,
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CHRISTOP'��':' /Pr'a ;►. 31158 DA�
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3473768 051041
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07007//5.S
EXHIBIT MAP "A"
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as 2 CAMMA LOVEI 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS
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-- g REC. NO. 3216392 I OF THE COUNTY ASSESSOR.
� i 2.) ACCORDING TO COLORADO LAW, YOU MUST
d COMMENCE ANY LEGAL ACTION BASED UPON ANY
— vs DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER
04
��o LINE TABLE YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT
MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
moo LINE BEARING DISTANCE SURVEY BE COMMENCED MORE THAN TEN YEARS
=`.4 L1 N89'32'41 "W 14.91 ' HEREON.THE DATE OF THE CERTIFICATION SHOWN
=ee L2 N00'44'40"E 49.64' 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO
iii •••••
SHOW THE LOCATION OF THE EASEMENT(S).
_� IGINAL
o� L3 N00'34'36"E 162.79' 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND
��_ L4 $89'3226°E 21 .38' SGNATUREVOID IF IT DAND SEAL OF THEOES NOT BEAR �PROE RFESSIONAL LAND
—arm 0,
0- o L5 S00'44'40"W 321 .67' SURVEYOR OR IF ALTERED IN ANY WAY.
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EXHIBIT MAP "A"
IIILM�NI JNIILI ICU K DRN. BY: AR.S. FlLE: WCR 3 WELD COUNTY ROAD 3
CHKD. BY: J.F.L. SHEET: 2 OF 2 DENNY N KAREN NIELSON
--Qt
1780 S. Bellaire St., St.. 230 DATE; 10/09/06 Joe /.R6102 SE1/4 SEC. 7, T1 N, R68W, 6TH P.M.
Denver, CO 80222
TEL(303)753-9799 FAX:(303)753-4044 SCALE: 1'"�' AREA: 6.242 50. Ff. COUNTY OF WELD, STATE OF COLORADO
o?DO 2-//5S
tMEMORANDUM
1 C. TO: Clerk to the Board DATE: 7/19/2007
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Consent Agenda Item
Deed of Dedication with Denny N. Nielson and Karen S. Nielson
The appropriate documentation is attached.
M:\Francie W gend-Leon.doc
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DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that DENNY N. NIELSON AND
KAREN S.NIELSON,whose address is 4313 WCR 3 Erie,Colorado 80516,being all of the
owners of certain property in Weld County, Colorado, which is described in the attached
Exhibit "A", do(es) hereby dedicate forever said property as parts of a public highway,
pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and
encumbrances, except existing easements, and warrants title to the same.
EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way,
including oil,gas and any and all water rights currently attached or associated with the Right
of Way.
OSIER: DEN d N IELSON AND KAREN S. NIELSON
Denny . e on Karen S. Nielson
STATE OF COLORADO )
) ss.
COUNTY OF WELD- )
1 eso.
The foregoing instrument was acknowledged before me this o�O day of
_75- , 2051, by Denny N.Nielson and Karen S. Nielson.
Wi ness my hand and o icial seal.
r �o(. ,.... Bpi it
{SEAL} ,•O i
Not Public f ' s,
KASONDRA F.
i L� LE0Pc!?�1
�,-mac/ v
My commission expires: /a - a3" a(�b / l •�
'� 0FCCr-�
111111111111111111 IIII' 11111 IIII 1111111 III IIIII IIII IIII
3493481 07/30/2007 02:07P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
1
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners,hereby accepts the above dedication of property
as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-
201(1)(a).
lz
Dated this d/5- day of %u/y , 20 05 .
ATTEST: 4.14O COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF de!'7".7•N CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONER Op •C / A‘ STATE OF COLORADO
THE COUNTY OF WELD I `A{
I MI h. A
f111\\,1r RI 1. Vii ,, I
BY: te,�'�U �J %4!r �, BY:
Deputy Clerk to the Board /1 David E. Long, Chair, BO RD OF
COUNTY COMMISSIO RS OF
THE COUNTY OF WEL JUL 2 5 2007
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
r
The foregoing instrument was acknowledged before me thisaj day of %ic/y
20O2,by„9,ap d S,LD/ Chair,BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD. /
Witness my hand and off ial seal. '•' ""' ••
�a•PJ•Bf cy(
I oi NOTARY vp
Notary Publ. : "�— i
'=_ •,PUBLIC 4
,1
My commission expires: My Commission Expi esAprn 10,2032
1111111 IIIII Mill IIIII III
3493481 07/30/2007 02:07P Weld County, CO
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EXHIBIT MAP "A"
I i4-ii-0
ti' m E1/4 COR SEC 7
LOT A 1 n n T1N, R68W, 6TH PM
ADDITIONAL gii w FOUND 3" BRASS CAP
RIGHT-OF-WAY f m,
ACQUISITION L4 I
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REC. NO. 2941466 j ml w m N
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AMENDED RECORDED EXEMPTION SE COR SEC 7 I TIN, R68W, 6TH P.M.
NC. 1467-07-'4--RE576 TIN. R68W, 6TH P.M. I FOUND 2.5" ALUM. CAP
FOUNJ 3.5" BRASS CAP NOT ACCEPTED
OWNER:
GAMMA LOVE I 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS
REC. NO. 3216392 OF THE COUNTY ASSESSOR.
I 2.) ACCORDING TO COLORADO LAW, YOU MUST
COMMENCE ANY LEGAL ACTON BASED UPON ANY
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER
YOU FIRST DISCOVER SUCH
LINE TABLE MAY ANY ACTION BASED UDEFECT.
ANY DEFECT IN THIS
LINE BEARING DISTANCE SURVEY BE COMMENCED MORE THAN TEN YEARS
AFTER THE DATE OF THE CERTIFICATION SHOWN
L1 N89'32'41'W 14.91' HEREON.
L2 NOO'44'40"E 49.64' 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO
SHOW THE LOCATION OF THE EASEMENT(S).
L3 NO0'34'36"E 162.79' 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND
L4 589.32'26"E 21.38' VOID IF IT DOES NOT BEAR THE ORIGINAL
SIGNATURE AND SEAL OF THE PROFESSIONAL LAND
L5 SOO'44'40"W 321.67' SURVEYOR OR IF ALTERED IN ANY WAY.
EXHIBIT MAP "A"
..-L IY"rynnl AMN IIr,NIIflIA ma Imam w. I.R.S. I, F. WCR 3 WELD COUNTY ROAD 3
111111 1111 111IIIII 'lll"II'.IIII'11 III 11111 111III /6R6102242 SD.FT. COUNTY OF WELD? ATE60 COLORADO
3493481 07/30/2007 02:07P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
• ,
EXHIBIT "A"
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP
1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, RECORDED EXEMPTION NO.
1467-07-4-RE2199, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER OF SECTION 7, ASSUMED TO BEAR NO3'07'09"W A DISTANCE
OF 2729.85 FEET, FROM A 3.5" BRASS CAP FOUND AT THE SOUTHEAST CORNER OF
SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF
SAID SECTION 7;
BEGINNING AT A POINT WHICH BEARS 50741'28"W A DISTANCE OF 936.73 FEET
FROM SAID EAST QUARTER CORNER OF SECTION 7;
THENCE N89'32'41"W A DISTANCE OF 14.91; THENCE NO0'44'40"E A DISTANCE OF
49.64 FEET TO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE
TO THE RIGHT, AN ARC LENGTH OF 109.43 FEET, HAVING A RADIUS OF 1055.00
FEET, THROUGH A CENTRAL ANGLE OF 05'56'34", AND A CHORD WHICH BEARS
NO2'23'41"W A DISTANCE OF 109.38 FEET; THENCE NO0'34'36"E A DISTANCE OF
162.79 FEET; THENCE 589'32'26"E A DISTANCE OF 21.38 FEET; THENCE S00'44'40"W
A DISTANCE OF 321.67 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST
CORNER OF SECTION 7 BEARS SO6'08'18"E A DISTANCE OF 1800.43 FEET;
SAID PARCEL CONTAINS 6,242 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
CHRISTOP; _ - , :I,. • 7 I' . 31158 DATE
FOR AND 5144-- WO; 6'. • ISION SURVEY & MAPPING, INC.
IIIIII IIIII IIIIII I'll' IIIII IIII IIIIIII lIl illll IIII IIII SHEET 1 OF 2
3493481 07/30/2007 02:07P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Hello